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Guardianship and Administration Act 2000 – 1 April 2016

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Guardianship and Administration Act 2000 – 1 April 2016

Guardianship and Administration Regulation 2012 – 1 July 2014

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The Queensland Civil and Administrative Tribunal (QCAT) may appoint a guardian for a person with impaired capacity to make decisions or take action in relation to personal matters (generally where there is no enduring power of attorney in effect). Note: The concept ‘personal matter’ is defined in Schedule 2, Part 2 of this Act.

  • Sections 4, 9, 12, 14, 15, 16, 26, 27, 28, 33, 44, 47, Schedules 2, 4

The Queensland Civil and Administrative Tribunal (QCAT) may appoint an administrator for a person with impaired capacity to make decisions or take action in relation to financial matters (generally where there is no enduring power of attorney in effect). Note: The concept ‘financial matter’ is defined in Schedule 2, Part 1 of this Act.

  • Sections 3, 9, 12, 14, 15, 16,  20, 21, 26, 27, 28, 33, 37, 44, 47, 48, 50, 51, 54, 55, 152, Schedules 2, 4

A guardian or administrator must exercise their power honestly and with reasonable diligence to protect the adult’s interests.

  • Section 35, 59

An instrument executed by a guardian or administrator on behalf of an adult must be executed in a way showing the person executes it as guardian or administrator for the adult.

  • Section 45
Reason for law

To facilitate the exercise of power for financial matters and personal matters by or for an adult who needs, or may need, another person to exercise power for the adult. (Section 7)

Relevant links

The Office of the Public Guardian

Guardianship for adults [Queensland Civil and Administrative Tribunal]

Administration for adults [Queensland Civil and Administrative Tribunal]

Queensland Aged and Disability Advocacy (QADA) Inc

Decision-making support in Queensland’s guardianship system [Office of the Public Advocate]

Critique

Section 115 allows an application to be made in relation to the Powers of Attorney Act 1998. It is uncommon for an application relating to one Act to be made under another Act.

Section 240 contains the phrase ‘parens patriae’. This phrase is not commonly understood by members of the public.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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